TITLE: MAXIMO V. SOLIVEN, ANTONIO V. ROCES, FREDERICK K.

AGCAOILI, and GODOFREDO

L. MANZANAS, petitioners, vs. THE HON. RAMON P. MAKASIAR, Presiding Judge of the Regional Trial
Court of Manila, Branch 35, UNDERSECRETARY SILVESTRE BELLO III, of the Department of Justice,
LUIS C. VICTOR, THE CITY FISCAL OF MANILA AND PRESIDENT CORAZON C. AQUINO,
respondents
DATE: November 14, 1988
PONENTE:
TOPIC: Exec. Dep. Sec. 1

FACTS OF THE CASE:

Three principal issues were raised these cases: (1) whether or not petitioners were denied due
process when informations for libel were filed against them although the finding of the existence of a
prima facie case was still under review by the Secretary of Justice and, subsequently, by the President;
(2) whether or not the constitutional rights of Beltran were violated when respondent RTC judge issued
a warrant for his arrest without personally examining the complainant and the witnesses, if any, to
determine probable cause; and (3) whether or not the President of the Philippines, under the
Constitution, may initiate criminal proceedings against the petitioners through the filing of a
complaint-affidavit.

PROCEDURAL HISTORY:
The petitioner Beltran argues that "the reasons which necessitate presidential immunity from suit
impose a correlative disability to file suit". He contends that if criminal proceedings ensue by virtue of the
President's filing of her complaint-affidavit, she may subsequently have to be a witness for the
prosecution, bringing her under the trial court's jurisdiction. This, continues Beltran, would in an indirect
way defeat her privilege of immunity from suit, as by testifying on the witness stand, she would be
exposing herself to possible contempt of court or perjury.

STATEMENT OF ISSUE/S:
Whether or not the President of the Philippines, under the Constitution, may initiate criminal
proceedings against the petitioners through the filing of a complaint-affidavit

HOLDING:
Yes. The rationale for the grant to the President of the privilege of immunity from suit is to assure
the exercise of Presidential duties and functions free from any hindrance or distraction, considering that
being the Chief Executive of the Government is a job that, aside from requiring all of the office-holder's
time, also demands undivided attention.

But this privilege of immunity from suit, pertains to the President by virtue of the office and may
be invoked only by the holder of the office; not by any other person in the President's behalf Thus, an
accused in a criminal case in which the President is complainant cannot raise the presidential privilege
as a defense to prevent the case from proceeding against such accused.

Moreover, there is nothing in our laws that would prevent the President from waiving the privilege.
Thus, if so minded the President may shed the protection afforded by the privilege and submit to the
court's jurisdiction. The choice of whether to exercise the privilege or to waive it is solely the President's
prerogative. It is a decision that cannot be assumed and imposed by any other person.